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In the context of human rights, equitable access to justice means ensuring that all…
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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Aralık 2017
ISBN:
978-605-152-658-4
Baskı:
1
On İki Levha Yayıncılık
Yayın tarihi:
Aralık 2017
ISBN:
978-605-152-658-4
Baskı:
1
Yazarlar:
Adem Sözüer
Editör:
Prof. Dr. Adem Sözüer
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
Access to Justice and Poverty (A Perspective under the Human Rights Approach)
Prof. Dr. Migena LESKOVIKU*…
Introduction
Access to justice is “not only a fundamental right in itself, but it is an essential…
There is a clear link between the safety and security of individuals and their effective…
In terms of access to justice approach, three main pillars/principles have to be…
- Promoting accessibility – eliminating barriers that prevent people from understanding…
- Ensuring fairness – delivering fair and just outcomes for all parties, including…
- Increasing efficiency – delivering fair and just outcomes effectively, without…
When we refer to access to justice concept the principle of equality should be the…
Nowadays, the access to justice approach has gained widely importance and has been…
It is not enough to have laws that outline and prescribe human rights. These ought…
Access to justice is defined by the United Nations Development Programme (UNDP) as…
Access to justice is also an integral part of any good rule of law framework(7).…
Very often, certain individuals face laws, policies and practices that are not adapted…
Access to justice must be equitable in its implementation, not only in form. Equitable access to justice requires…
Equal access to justice as an integral part of the international and European human rights framework
For the purpose of this paper, it is essential to consider the relevant international…
The basis of the right to access justice can be found in international human rights…
The Universal Declaration of Human Rights enshrines the notion of access to justice.…
The ICCPR reaffirms this right. While the UDHR refers to the right to a remedy for…
Article 3 of the CRC is particularly pertinent to issues concerning remedies and…
The Convention on the Elimination of All Forms of Racial Discrimination(12)…
The ILO Convention No.111 concerning Discrimination in Respect of Employment and…
Human rights in the context of equal access to justice have been further articulated…
In recent years several human rights treaty bodies, mentioning for example the Committee…
In its General Comment No. 18, the Human Rights Committee(17)…
Access to justice must be seen as a tool to realize economic, social and cultural…
The International legal framework constitutes a core basis for adopting and developing…
The 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence,…
At the regional level, among the most important instruments to be mentioned are the European…
The prohibition on discrimination is guaranteed by Article 14 of the ECHR, which…
ECHR recognises the right to an effective remedy(26).…
The Lisbon Treaty makes it clear that the European Union will be directed by the…
At the EU level, until 2000 non-discrimination law applied only to the context of…
As mentioned above, in providing a much clearer concept of discrimination and equality,…
As the European Court of Human Rights ruled, public authorities must use all available…
European non-discrimination law, as constituted by the EU non-discrimination directives,…
Access to justice in relation to economic situation and poverty
Human rights create entitlements for rights-holders, but they also create duties…
Fundamental human rights principles recognized internationally and domestically,…
In developing countries the barriers of access to justice have the biggest impact…
From a human rights approach, poverty cannot be examined only through levels of income.…
To ensure that persons living in poverty can benefit from the law and enjoy equal…
The United Nations Commission on Legal Empowerment of the Poor estimated in 2008…
The human rights approach to access to justice seeks to develop people’s capacity…
Under the human rights framework, States have an obligation to ensure access to justice…
A human rights approach calls also for the reform of governance structures to ensure…
From a rights-based approach, improving access to justice by the poorest requires…
Due to their lack of financial, social and political capital, people living in poverty…
Thus, a specific target on access to justice would not only be in the interests of…
The Central and Eastern Europe region is still affected by the consequences of certain…
In 2014, the World Justice Project Rule of Law Index ranked 99 countries on how the…
As the Rule of Law Index highlights, justice systems in the region have traditionally…
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